HB 108 — PED/Safekeeper Health Care Cost Recov. Pract.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 21 HOUSE BILL 108* Committee Substitute Favorable 3/25/19 Short Title:

Representatives Horn and Lucas (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary, if favorable, Rules, Calendar, and Operations of the House February 20, 2019 A BILL TO BE ENTITLED AN ACT TO IMPROVE DATA COLLECTION AND COST RECOVERY PRACTICES FOR HEALTH CARE SERVICES FOR SAFEKEEPERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION COMMITTEE.

*H108-v-1* General Assembly Of North Carolina Session 2019 (1) The date the transfer order was received.

*H108-v-2* General Assembly Of North Carolina Session 2019 (2) The statutory basis upon which the order was granted.

(c2) Whenever prisoners are arrested in such numbers that county jail facilities are insufficient and inadequate for the safekeeping of such prisoners, the resident judge of the Page 2 House Bill 108*-First Edition General Assembly Of North Carolina Session 2019 superior court or any superior or district court judge holding court in the district may order the Page 2 House Bill 108*-Second Edition General Assembly Of North Carolina Session 2019 prisoners transferred to a unit of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety designated by the Secretary of Public Safety or his the Secretary's authorized representative, where the prisoners may be held for such length of time as the judge may direct, such detention to be in cell cells separate from that those used for imprisonment of persons already convicted of crimes, except when admission to an inpatient prison medical or mental health unit is required to provide services deemed necessary by a prison health care clinician.

The sheriff of the county from which the prisoners are removed shall be responsible for conveying the prisoners to the prison unit or units where theytheyare are to be held, and for returning them to the common jail of the county from which they were transferred.

(d) Whenever a prisoner held in a county jail requires medical or mental health treatment that the county decides can best be provided by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the resident judge of the superior court or any judge holding superior court in the district or anydistrict court judge may order the prisoner transferred to a unit of the State prison system designated by the Secretary of Public Safety or his the House Bill 108*-First Edition Page 3 General Assembly Of North Carolina Session 2019 Secretary's authorized representative.

representative for an initial period not to exceed 30fifteen days.

House Bill 108*-Second Edition Page 3 General Assembly Of North Carolina Session 2019 The sheriff of the county from which the prisoner is removed shall be responsible for conveying the prisoner to the prison unit where he the prisoner is to be held, and for returning him the prisoner to the jail of the countycountyfrom from which he the prisoner was transferred.

The prisoner shall bereturnedbe returned when theattendingmedicalthe ormentalattending healthprofessionalmedical or mental health professional determines that theprisonerthe prisoner may be returned safely.

PriorIf the sheriff seeks to extend the conclusionorder ofbeyond the 30-dayperiod,initial fifteen-day period, the sheriff shall request that the Division of Adult Correction and Juvenile Justice shall conduct an assessment of treatment and venue needs.

To extend the order beyond the initial 30-dayfifteen-day period, the sheriff shall provide the Division of Adult Correction and Juvenile Justice assessment and any other relevant information to the resident judge of the superior court or any judge holding superior court in the district or any district court judge who shall determine whether to extend the transfer of the prisoner to a unit of the State prison system beyond the initial 30-dayfifteen-day period.

The officer in charge of the prison unit designated by the SecretarySecretaryof of Public Safety shall release custodycustodyof of the prisoner in accordance with the court order and the instructions of the attending medical or mental health professional.

The Secretary shall not refuse to accept a safekeeper becausefor amedical countyor hasmental failedhealth totreatment payfrom thea Departmentcounty ofthat Publicmeets Safetyany forof servicesthe renderedfollowing pursuantcriteria: to this section.

However,(1) theThe Northcounty Carolinahas Departmentfailed ofto Revenuepay shall immediately pursue collection from the countyDepartment of unpaidPublic feesSafety for services rendered pursuant to this section thatandthe havebill has remained unpaid forfor120days 120 days or more.

(f)(2) If,The aftercounty 10does daysnot ofparticipate receivingin notificationthe andStatewide requestMisdemeanant forConfinement transferProgram fromby thereceiving Departmentmisdemeanants offor Publichousing. Safety pursuant to G.S.

148-19.3(a),This thesubdivision sheriffdoes failsnot apply to assumea custody of the county prisonerthat fromhas thea Statedetermination prisonmade facilityby to which the prisonerNorth wasCarolina assigned,Sheriffs' then,Association, inInc., additionthat to the actualcounty's costfacilities ofare transportingfilled the prisoner and the cost of maintaining the prisoner at the per day, per inmate rate at which the Division of Adult Correction and Juvenile Justice of the Department of Public Safety pays a local jail for maintaining a prisoner, the county shall be liable to thecapacity Statepursuant for an additional per day, per inmate rate not to exceedG.S. twenty dollars ($20.00) for each day the sheriff fails to assume custody of the prisoner, unless the sheriff has obtained an extension of the order because the inmate cannot be safelyhoused in the local jail.

The148-32.1(b4). section chief of the Health Services Section may waive up to 10 days of the additional per day rate if the sheriff provides documentation of extenuating circumstances." SECTION 2.(a) Article 2 of Chapter 148 is amended by adding a new section to read:

(f) If, after five days of receiving notification and request for transfer from the Department of Public Safety pursuant to G.S.

148-19.3(a) the sheriff fails to assume custody of the county prisoner from the State prison facility to which the prisoner was assigned, then, in addition to the actual cost of transporting the prisoner and the cost of maintaining the prisoner at the per day, per inmate rate at which the Division of Adult Correction and Juvenile Justice of the Department of Public Safetypays a local jail for maintaining a prisoner, the countyshall be liable to the State for an additional per day, per inmate rate not to exceed twenty dollars ($20.00) for each day the sheriff fails to assume custody of the prisoner.

The section chief of the Health Services Section may waive up to ten days of the additional per day rate if the sheriff provides documentation of extenuating circumstances." Page 4 House Bill 108*-First Edition General Assembly Of North Carolina Session 2019 SECTION 2.(a) Article 2 of Chapter 148 is amended by adding a new section to read:

Page 4 House Bill 108*-Second Edition General Assembly Of North Carolina Session 2019 "(a) For countyprisoners housed in the State prison system pursuant to safekeepingorders under G.S.

162-39162-39, andthe whoDepartment receiveshall healthdetermine carethe servicesprisoner's outsideeligibility thefor prison,enrollment thein DepartmentMedicaid shallto determinebe theused appropriatenessfor ofreimbursement submittingfor aqualifying Medicaidhealth applicationcare onservices behalfand ofshall thetake prisonersteps andto submitensure theapplicationproper whenMedicaid appropriate.applications are completed and submitted.

All charges thatare theresponsibilityofthetransferring county for health care services provided to prisoners held under a safekeeping order shall not be paid by the Department and shall be submitted by the health care provider to the Inmate Medical Costs Management Plan through the North Carolina Sheriffs' Association for the Plan to review and negotiate all charges for health care services to avoid overpayment and reduce overall health care service costs.

The Department shall notify the health care provider when services are being providedtotheprisonerthattheinvoiceforhealthcareservicesshallbesubmittedbytheprovider directly to the Plan.

In the event an invoice is sent to the Department by a health care provider for health care services provided to a safekeeper under this section, the Department shall forward the invoice to the Plan within three days of receipt.

House Bill 108*-Second108*-First Edition Page 5